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(영문) 광주지방법원 2020.01.22 2019고단2663
특수절도등
Text

Defendants shall be punished by imprisonment for not more than four months.

However, it is against the Defendants for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 15, 2019, Defendants were sentenced to six months of imprisonment with prison labor for special larceny and one year of suspended execution in the Ulsan District Court, which became final and conclusive on November 23, 2019.

In order to seek jobs due to friendly relations, the Defendants committed no living expenses while living in Ulsan to Gwangju, and conspired to cut off the goods from the vehicle and raise the living expenses.

1. Special larceny Defendants opened, around May 26, 2019, a 01:42 on the street near Seo-gu, Seo-gu, Seo-gu, Gwangju, a door that did not lock the e-mail vehicle owned by the victim D and opened into the door, and 1,000 won in cash in the place, and the market influence gushes.

As a result, the defendants stolen the victim's property together.

2. On May 26, 2019, the Defendants: (a) on the street near the Seo-gu, Seo-gu, Seo-gu, Gwangju, the Defendants left the knife of the vehicle in order to steals the goods located in the GNsp vehicle owned by the victim F in order to steals the goods in the GNsp vehicle owned by the victim F; (b) but did not bring about an attempted crime due to the correction of the sentence.

As a result, the Defendants jointly attempted to steal the victim's property and attempted to steal the property over eight occasions, such as the list of crimes in the annexed list of crimes, but attempted to do so.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related H;

1. Each statement of D, F, I, J, K, L, M, N, andO;

1. Seizure records;

1. Investigation report (Nos. 21 of evidence list);

1. Matters concerning the verification at the scene of crime;

1. Previous convictions: Court rulings and application of the Acts and subordinate statutes of case search;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 331(2) and (1) (the point of each special larceny), 342, 331(2) and (1) (the point of each special larceny) of the Criminal Act;

1. Defendants who commit concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;

1. Defendants who are mitigated due to concurrent crimes: The latter part of Article 39 (1) and Article 55 (1) 3 of the Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Code.

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